Reality check: What can you claim for a frog in a salad?

Dirk Steenekamp's photo of the frog he says he found in his Woolworths salad (@Dirk_Steenekamp)

click to enlarge

In the past, we have had other claims for foreign objects found in foodstuffs, such as a cloth baked into a loaf of bread. In another well-reported case, a man claimed R6-million when he discovered beef instead of potato in his samosa. Then there was the woman who claimed compensation for a miscarriage and the loss of a house following an illness allegedly caused by eating stale (past sell-by-date) crisps.

Injury or distress

In such cases, we have to bring the claimants back to reality: in the eyes of the law, they have not won a lottery just because the supplier messed up. While a supplier may be criminally liable for supplying tainted food, the shopper or diner at the receiving end may claim only for losses such as medical treatment and time off work and only then if they can prove that their illness was caused by eating the food and that it was tainted.

As to the emotional shock or distress suffered as a result of finding an offensive foreign object in your food, or realising that you have eaten (at least part of) it, internationally the courts usually require you to prove negligence on the part of the supplier or manufacturer, and that the emotional distress suffered was consequential (not trivial) and long lasting - i.e. that it amounts to an injury capable of proof, such as anxiety neurosis, acute depression, mixed anxiety depressive disorder, post-traumatic stress disorder, impaired sleep or emotional trauma. In the words of Shakespeare, you are to some extent expected to "suffer the slings and arrows of outrageous fortune".

Reputational damage

As the story of the frog in the salad illustrates, another consequence that a supplier is likely to face is reputational damage. The potential for negative reputational fallout in such cases is massive. Suppliers can mitigate this by immediate acknowledgement of the gravity of the situation (remember Pick n Pay's response to the tinned fish poisoning incident same years back); offering an appropriate token of apology (as opposed to compensation) such as coupons, free products, a discount or a complimentary meal and giving undertakings to investigate how it happened and to prevent a reoccurrence.

To report wildlife in your food or any other consumer complaint, contact: az.gro.osgc@tnialpmoc.